{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-702.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-702.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-702.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-702.html"}],"law_id":85305,"edition_id":1,"section_id":85305,"structure_id":14745,"section_number":"3.2-702","catch_line":"Abundance surveys; eradication or suppression of pests","history":"1975, c. 29, \u00a7 3.1-188.22; 1980, c. 291; 2008, c. 860.","full_text":"The Commissioner shall direct abundance surveys for plant pests and may carry out operations or measures to locate, suppress, control, eradicate, prevent, or retard the spread of pests. When the Commissioner determines that a new or dangerous or highly injurious plant pest exists within the Commonwealth or that an established pest requires control and the nature of the pest dictates immediate action, he may proceed with eradication or suppression. Provided further, that whenever the Commissioner intends to go upon any property for the purpose of eradicating or suppressing pests, he shall before entering upon any such property, give a written notice to the owner or occupant thereof at least 24 hours prior to such entry, setting forth in detail the purpose or purposes for which such entry shall be made.\n\t\tIn the event the Commissioner determines a plant pest does not require immediate action, he shall report his findings, including the nature of the pest and method of proposed treatment, to the Board in writing and to the property owners or persons in charge of the property concerned by printing a copy thereof, at least once, in at least one newspaper of general circulation in the locality concerned. In case of objection to the action proposed, an appeal shall lie to the Board. Such appeal shall be taken within seven days from the issue of the notice and shall act as a stay of proceedings insofar as the property of the person noting the appeal is concerned until it is heard and decided.","order_by":null,"text":{"0":{"id":305654,"text":"The Commissioner shall direct abundance surveys for plant pests and may carry out operations or measures to locate, suppress, control, eradicate, prevent, or retard the spread of pests. When the Commissioner determines that a new or dangerous or highly injurious plant pest exists within the Commonwealth or that an established pest requires control and the nature of the pest dictates immediate action, he may proceed with eradication or suppression. Provided further, that whenever the Commissioner intends to go upon any property for the purpose of eradicating or suppressing pests, he shall before entering upon any such property, give a written notice to the owner or occupant thereof at least 24 hours prior to such entry, setting forth in detail the purpose or purposes for which such entry shall be made.\n\t\tIn the event the Commissioner determines a plant pest does not require immediate action, he shall report his findings, including the nature of the pest and method of proposed treatment, to the Board in writing and to the property owners or persons in charge of the property concerned by printing a copy thereof, at least once, in at least one newspaper of general circulation in the locality concerned. In case of objection to the action proposed, an appeal shall lie to the Board. Such appeal shall be taken within seven days from the issue of the notice and shall act as a stay of proceedings insofar as the property of the person noting the appeal is concerned until it is heard and decided.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14745,"edition_id":1,"name":"Pests","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14744,"metadata":{},"date_created":"2026-06-26 03:49:41","date_modified":"2026-06-26 03:49:41","permalink":{"id":194243,"object_type":"structure","relational_id":14745,"identifier":"1","token":"3.2\/I\/7\/1","url":"\/3.2\/I\/7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14744,"edition_id":1,"name":"Tree and Crop Pests","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":13126,"metadata":{},"date_created":"2026-06-26 03:49:41","date_modified":"2026-06-26 03:49:41","permalink":{"id":194241,"object_type":"structure","relational_id":14744,"identifier":"7","token":"3.2\/I\/7","url":"\/3.2\/I\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13126,"edition_id":1,"name":"General Provisions; Protection and Promotion of Agriculture","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":193941,"object_type":"structure","relational_id":13126,"identifier":"I","token":"3.2\/I","url":"\/3.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81688,"structure_id":14745,"section_number":"3.2-700","catch_line":"Definitions","url":"\/3.2-700\/","token":"3.2\/I\/7\/1\/3.2-700","metadata":false},{"id":74648,"structure_id":14745,"section_number":"3.2-701","catch_line":"Administration; regulations","url":"\/3.2-701\/","token":"3.2\/I\/7\/1\/3.2-701","metadata":false},{"id":85305,"structure_id":14745,"section_number":"3.2-702","catch_line":"Abundance surveys; eradication or suppression of pests","url":"\/3.2-702\/","token":"3.2\/I\/7\/1\/3.2-702","metadata":false},{"id":85406,"structure_id":14745,"section_number":"3.2-703","catch_line":"Authority to quarantine","url":"\/3.2-703\/","token":"3.2\/I\/7\/1\/3.2-703","metadata":false},{"id":81359,"structure_id":14745,"section_number":"3.2-704","catch_line":"Quarantine against regulated articles in other states","url":"\/3.2-704\/","token":"3.2\/I\/7\/1\/3.2-704","metadata":false},{"id":56474,"structure_id":14745,"section_number":"3.2-705","catch_line":"Authority for abatement and other emergency measures; compensation to property owners","url":"\/3.2-705\/","token":"3.2\/I\/7\/1\/3.2-705","metadata":false},{"id":67943,"structure_id":14745,"section_number":"3.2-706","catch_line":"Authority for inspections; warrants","url":"\/3.2-706\/","token":"3.2\/I\/7\/1\/3.2-706","metadata":false},{"id":71637,"structure_id":14745,"section_number":"3.2-707","catch_line":"Cooperation with other agencies and private organizations","url":"\/3.2-707\/","token":"3.2\/I\/7\/1\/3.2-707","metadata":false},{"id":67689,"structure_id":14745,"section_number":"3.2-708","catch_line":"Cooperative Suppression Program Fund established","url":"\/3.2-708\/","token":"3.2\/I\/7\/1\/3.2-708","metadata":false},{"id":58063,"structure_id":14745,"section_number":"3.2-709","catch_line":"Authority for compensation to growers in infested areas","url":"\/3.2-709\/","token":"3.2\/I\/7\/1\/3.2-709","metadata":false},{"id":72746,"structure_id":14745,"section_number":"3.2-710","catch_line":"Penalties","url":"\/3.2-710\/","token":"3.2\/I\/7\/1\/3.2-710","metadata":false},{"id":66851,"structure_id":14745,"section_number":"3.2-711","catch_line":"Costs of administration; reimbursements to Commonwealth","url":"\/3.2-711\/","token":"3.2\/I\/7\/1\/3.2-711","metadata":false},{"id":72563,"structure_id":14745,"section_number":"3.2-712","catch_line":"Permit required to sell and transport plant pests","url":"\/3.2-712\/","token":"3.2\/I\/7\/1\/3.2-712","metadata":false},{"id":75234,"structure_id":14745,"section_number":"3.2-713","catch_line":"Judicial review","url":"\/3.2-713\/","token":"3.2\/I\/7\/1\/3.2-713","metadata":false}],"previous_section":{"id":74648,"structure_id":14745,"section_number":"3.2-701","catch_line":"Administration; regulations","url":"\/3.2-701\/","token":"3.2\/I\/7\/1\/3.2-701","metadata":false},"next_section":{"id":85406,"structure_id":14745,"section_number":"3.2-703","catch_line":"Authority to quarantine","url":"\/3.2-703\/","token":"3.2\/I\/7\/1\/3.2-703","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-702\/","history_text":"<p>This law was first created in 1975. The record of its establishment is cataloged in chapter 29 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 291; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":194253,"object_type":"law","relational_id":85305,"identifier":"3.2-702","token":"3.2\/I\/7\/1\/3.2-702","url":"\/3.2-702\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-702\/","token":"3.2\/I\/7\/1\/3.2-702","dublin_core":{"Title":"Abundance surveys; eradication or suppression of pests","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-702","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">Commissioner<\/span> shall direct abundance surveys for plant <span class=\"dictionary\">pests<\/span> and may carry out operations or measures to locate, <span class=\"dictionary\">suppress<\/span>, control, eradicate, prevent, or retard the spread of <span class=\"dictionary\">pests<\/span>. When the <span class=\"dictionary\">Commissioner<\/span> determines that a new or dangerous or highly injurious plant <span class=\"dictionary\">pest<\/span> exists within the Commonwealth or that an established <span class=\"dictionary\">pest<\/span> requires control and the nature of the <span class=\"dictionary\">pest<\/span> dictates immediate action, he may proceed with eradication or suppression. Provided further, that whenever the <span class=\"dictionary\">Commissioner<\/span> intends to go upon any property for the purpose of eradicating or suppressing <span class=\"dictionary\">pests<\/span>, he shall before entering upon any such property, give a written notice to the owner or occupant thereof at least 24 hours prior to such entry, setting forth in detail the purpose or purposes for which such entry shall be made.\n\t\tIn the event the <span class=\"dictionary\">Commissioner<\/span> determines a plant <span class=\"dictionary\">pest<\/span> does not require immediate action, he shall report his <span class=\"dictionary\">findings<\/span>, including the nature of the <span class=\"dictionary\">pest<\/span> and method of proposed treatment, to the <span class=\"dictionary\">Board<\/span> in writing and to the property owners or <span class=\"dictionary\">persons<\/span> in charge of the property concerned by printing a copy thereof, at least once, in at least one newspaper of general circulation in the locality concerned. In case of objection to the action proposed, an <span class=\"dictionary\">appeal<\/span> shall lie to the <span class=\"dictionary\">Board<\/span>. Such <span class=\"dictionary\">appeal<\/span> shall be taken within seven days from the <span class=\"dictionary\">issue<\/span> of the notice and shall act as a <span class=\"dictionary\">stay<\/span> of proceedings insofar as the property of the <span class=\"dictionary\">person<\/span> noting the <span class=\"dictionary\">appeal<\/span> is concerned until it is heard and decided.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nABUNDANCE SURVEYS; ERADICATION OR SUPPRESSION OF PESTS (\u00a7 3.2-702)\n\nThe Commissioner shall direct abundance surveys for plant pests and may carry\nout operations or measures to locate, suppress, control, eradicate, prevent, or\nretard the spread of pests. When the Commissioner determines that a new or\ndangerous or highly injurious plant pest exists within the Commonwealth or that\nan established pest requires control and the nature of the pest dictates\nimmediate action, he may proceed with eradication or suppression. Provided\nfurther, that whenever the Commissioner intends to go upon any property for the\npurpose of eradicating or suppressing pests, he shall before entering upon any\nsuch property, give a written notice to the owner or occupant thereof at least\n24 hours prior to such entry, setting forth in detail the purpose or purposes\nfor which such entry shall be made.\n\t\tIn the event the Commissioner determines a plant pest does not require\nimmediate action, he shall report his findings, including the nature of the pest\nand method of proposed treatment, to the Board in writing and to the property\nowners or persons in charge of the property concerned by printing a copy\nthereof, at least once, in at least one newspaper of general circulation in the\nlocality concerned. In case of objection to the action proposed, an appeal shall\nlie to the Board. Such appeal shall be taken within seven days from the issue of\nthe notice and shall act as a stay of proceedings insofar as the property of the\nperson noting the appeal is concerned until it is heard and decided.\n\nHISTORY: 1975, c. 29, \u00a7 3.1-188.22; 1980, c. 291; 2008, c. 860.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}